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5.3

Complainant's Rights

Central Michigan University recognizes that complainants have rights which need to be protected as well as those of the person who is cited.

5.3.1

The complainant has the right to have a person of his or her choice accompany him or her throughout the disciplinary hearing.

5.3.2

The complainant has the right to remain present during any disciplinary or appeal hearings.

5.3.3

The complainant has the right to submit an “impact statement" and to suggest an appropriate sanction if the person cited is found in violation of the Code of Student Rights, Responsibilities and Disciplinary Procedures.

5.3.4

The complainant has the right to be informed in a timely manner of the outcome of the hearing regarding the findings and the sanction.

5.3.5

The complainant has the right to appeal either the findings or the sanction.

5.3.6

In cases involving sexual assault, the complainant has the right not to have his or her irrelevant past sexual history discussed during the hearing.

5.4 5.4.1 5.4.1.1

Appeals The following matters may be appealed to the Appeals Board:

The decision of a University Hearing Body or a University Hearing Officer as provided in Section 5.2. The appeal may be as to the facts found or the sanction set or both. If the sanction is automatic, then the appeal may only be made as to the findings, or the terms of a suspension. The appeals board may not reduce the sanction below the minimum imposed by Section 4.4 or by the terms of behavioral contracts or other disciplinary actions in which automatic sanctions are specified.

5.4.1.2

The sanction set by the Conduct Proceedings Officer after admission of violation by the student. Imposition of any automatic sanction after such an admission may not be appealed however, the terms or conditions of the sanction may be appealed. See Section 5.1.7.2 for more information regarding this type of appeal.

5.4.2

TheAppeals Board consists of the Student GovernmentAssociation President or designee, the Chairperson of the Academic Senate or designee, and the Dean of Students or designee and must participate in the appropriate training sessions regarding the Code of Student Rights, Responsibilities and Disciplinary Proceedings.

5.4.3

An appeal to the Appeals Board may be made by the student involved, by the person or group who first brought the charge, or by the University.

5.4.4

An appeal is timely only if taken within five (5) business days of the decision appealed. An appeal not made within the time limit will not be heard unless an exception is made by the President or the President's designee.

5.4.5

An appeal is made by submitting a written statement of appeal to the Conduct Proceedings Officer within the time limit. The written statement of appeal must state: the name of the person appealing, the basis of the appeal, the person or group making the decision from which the appeal is made, whether a decision as to fact or sanction or both is appealed, and the remedy which the person appealing is requesting from the Appeals Board.

5.4.6

The student charged may have an advisor of the student's choice present at the hearing of the appeal. If the student's advisor is an attorney, the student must notify the Proceedings Officer of this at least three (3) business days in advance of the hearing.The advisor's role is limited to providing advice to the student. The advisor is not permitted to ask or answer questions or make oral arguments. Any case presented must be made by the student.

5.4.7

The Conduct Proceedings Officer is responsible for notifying members of the Appeals Board of the appeal and for setting a time and place for holding a meeting of the Appeals Board. The Conduct Proceedings Officer will provide notice of time and place of the meeting of the Appeals Board to the student(s) charged, the charging party, and other University persons deemed appropriate by the Conduct Proceedings Officer.

138

Appendix I

      • 5.4.8

        The Conduct Proceedings Officer will assemble the documentary evidence introduced at the hearing, the record made of the hearing, and the administrative contact history made in connection with the matter and will make these materials available to the Appeals Board.

      • 5.4.9

        The Appeals Board may establish its own procedure for conducting any appeal appropriate to the circumstances designed to achieve fairness to the student charged as well as the interests protected by the Central Michigan University Code of Student Rights, Responsibilities and Disciplinary Procedures.

      • 5.4.10

        The Appeals Board makes its determination based solely on the record of the student's hearing, facts that are presented to the Appeals Board, and arguments before the Appeals Board.

      • 5.4.11

        The purpose of the Appeals Board is to decide if the findings and/or the sanction of the Hearing Body were so incorrect that the decision should be changed. It is not the purpose of the Appeals Board to substitute its judgment for that of the Hearing Officer or Body. It is not the purpose of the Appeals Board to decide if it would have reached the same decision had it been the Hearing Officer or Body. It is not the function of the Appeals Board to rehear the charges against the student; it is an appeal of the findings and/or the sanction of the Conduct Proceedings Officer, Hearing Officer or Body only as requested by the person or persons making the appeal. TheAppeals Board may:

        • 5.4.11.1

          Find that there are not sufficient facts presented to warrant the findings of fact made at the original hearing and may set aside the finding or determine the facts differently.

        • 5.4.11.2

          Order that a new hearing be held.

        • 5.4.11.3

          Change the sanction.

        • 5.4.11.4

          Provide such further and additional relief or changes as dictated by fairness to the student and to the interests protected by the Central Michigan University Code of Student Rights, Responsibilities and Disciplinary Procedures.

      • 5.4.12

        TheAppeals Board must hear the appeal within fifteen (15) business days from the date the appeal is made in writing and delivered to the Conduct Proceedings Officer.

      • 5.4.13

        A decision of the Appeals Board is final except that a decision to suspend for more than one week or to dismiss a student is subject to discretionary review by the Provost or the President (see 5.4.14).Any student responding to a charge under these procedures, any person bringing charges under these procedures, or theAdministration, may make a written application to the Provost to review such a decision made by theAppeals Board. The application must be received in the Office of the Provost within five (5) business days after the date of the Appeals Board decision. Failure to make application for review within the time limit ends the right to make application for review unless the time limit is extended by the Provost. The application for review must contain the following information:

          • a)

            Name of the student(s) charged in the proceeding in which the Appeals Board has rendered a decision.

          • b)

            Name, address, and telephone number of the person making application for review.

          • c)

            A copy of the Appeals Board decision involved.

          • d)

            A statement as to what portion(s) of the Appeals Board decision the applicant wishes reviewed, and the reason(s) why the person making application for review considers the decision to be capricious, or the procedures followed to be fundamentally unfair.

          • e)

            A statement of the relief requested from the Provost by the person making application for review. If the Provost elects to review a decision of theAppeals Board, either in part or entirely, the Provost may establish whatever procedures are deemed appropriate and consistent with fairness to govern the review.

      • 5.4.14

        The University reserves the right for the President or the President's designee to impose a different sanction after a determination of violation, than the sanction imposed by the Conduct Proceedings Officer, Hearing Officer, Hearing Body, Appeals Board, or others under these procedures.

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